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R v KZ [2022] NSWDC 643

The offender was sentenced following a plea of guilty to 2 counts of using a carriage service to transmit material contrary to s 474.22(1) of the Commonwealth Criminal Code. Offender also sentenced for 19 state property, weapons, domestic violence, and child exploitation offences.

Nature and Circumstances: There are images of both child pornography and images involving the physical abuse, torture, mutilation and death of children. They involve images of gross violence, including babies under the age of 12 months with significant wounds to their heads, along with an image of two babies hanging from nooses tied to a ceiling. Some, but not all, concern animated characters. The first transmission was to 4 other participants in a char room and the second was to 13 other chat room participants. Offending falls towards but not at the lower end of the range of objective seriousness for offences of their type, with the second offence being at a slightly elevated level of seriousness than the first.

Mental Condition: Offender was diagnosed with autism at age 18 and has a history of depression. Offender’s mental condition impacted upon their conduct such as to moderate their moral culpability and make them a less appropriate vehicle for general deterrence. Further, offender’s autism is likely to mean a custodial sentence will weigh more heavily upon them.

Rehabilitation: There is no evidence of family disfunction, disadvantage, abuses or trauma. Offender has no prior engagement with the criminal justice system. Offender was a juvenile at the time of offending. Psychiatrist noted that prediction of risk and an individual’s level of dangerousness is difficult, especially in the case of young people with limited criminal histories. Offender’s prospects of rehabilitation lie somewhere between guarded and reasonable.

Offender sentenced to 12 months imprisonment for federal offences.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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